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A Menu of Suggested Provisions for Public Health Mutual Aid
Agreements

Supplementary Agreements or Parties

Descriptive Note

Conceding that EMAC only provides the
“elements of a broad base common to all
states” and that “it is probable that the
pattern and detail of the machinery for
mutual aid among two or more states may
differ,” Article VII bestows upon states the
discretion to enter into supplementary
agreements for the purpose of reconciling
their differences. Parties entering into
mutual aid agreements may similarly choose
to incorporate provisions relating to
supplementary agreements or additional
parties to the agreement.

Optional sample provisions

Authorizing entry into supplementary
agreements:

Nothing in this Agreement precludes
any Party from entering into
supplementary agreements with another
Party or affects any other agreements
already in force among Parties.

This is not an exclusive agreement
and shall not prevent or limit other
agreements of any nature between Parties
to this Agreement.

Contemplating additional parties to the
agreement:

Nothing in this Agreement precludes
additional jurisdictions with public
health responsibilities from becoming
Parties, subject to approval of Parties
to the Agreement.

Restricting parties to the terms of the
executed agreement:

This Agreement incorporates all of
the agreements, covenants and
understandings between the Parties
concerning the subject matter herein. No
agreement or understanding of the
Parties or their agents shall be valid
or enforceable unless stated in this
Agreement.